N.Y. Comp. Codes R. & Regs. tit. 14 § 551.7

Current through Register Vol. 46, No. 43, October 23, 2024

Section 551.7 - Standards for approval of projects

(a) A project subject to prior approval review of the Office of Mental Health shall be proposed in accordance with this Part through submission of an application as required by the Office of Mental Health. The review of the application shall base approval upon consideration of the extent to which:

(1) the members of the board of directors, officers, owners, partners, members of limited liability companies, and stockholders are of such character, experience, competence, and standing in the community as to give reasonable assurance of their ability to responsibly manage the affairs of the organization and to provide services consistent with the needs, goals, and best interests of recipients, taking into consideration the criminal history record of any natural person operator, if any, obtained in accordance with Part 550 of this Title. Regulatory compliance of existing programs and services will be taken into consideration during review of the application;

(2) the project is consistent with local or unified services plans for mental health services, as applicable;

(3) there is public need for the project at the time and place and under the circumstances proposed;

(4) the project is or will be linked within a system of mental health services and with other service systems;

(5) there is reasonable assurance that funds will be available to finance operating expenses and to finance construction, renovation, and acquisition expenses;

(6) the facility will be safe and appropriate for the type of project proposed;

(7) the program and services proposed are accessible, safe, appropriate, and will comply with requirements for issuance of an operating certificate;

(8) the project will appropriately and competently serve, or arrange to be served, the target population of the program in a manner which addresses individual cultural and ethnic characteristics;

(9) there are no facilities, programs, and services available that may serve as alternatives or substitutes for all or part of the proposed project;

(10) the project demonstrates appropriate and reasonable availability and use of public funds;

(11) if a project proposes closure or termination, the agency will ensure that recipients of mental health services will be linked to appropriate services based on individual need and follow-up will be provided by the applicant to confirm linkages of recipients to services; transportation needs of current recipients will be addressed; and recipient records and financial accounts will be safeguarded;

(12) the project is or will be part of a local system of mental health services;

(13) the project increases the availability of necessary service to the poor and the medically indigent;

(14) if the project proposes to utilize a management contract or a clinical services contract:

(i) the management or clinical services organization and its principals, officers, and directors are of such character, experience, competence, and standing in the community as to give reasonable assurance of their ability to responsibly carry out the requirements of the contract;

(ii) the provider of services, as the holder of the operating certificate, retains sufficient authority and responsibility to demonstrate effective control of the overall program, including the delivery of services, the quality of services, fiscal stability, and compliance with the requirements of OMH;

(iii) the terms and conditions of the contract are reasonable and will not jeopardize the continued operation of the program; and

(iv) the scope of responsibility of the management or clinical services organization under the contract is sufficiently limited such that the organization does not effectively become, in the judgement of the commissioner, the provider of services as defined in section 551.4 of this Part.

(b) Since components of a project may progress at different rates, the review criteria of this Part shall be applied by OMH as appropriate in the application review process.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 551.7